mantric
12-14 01:46 PM
many of the immigration laws that are affecting us were put in place way before the IT boom that brought most of us here. people are right that the intention behind them is not malicious. but a law set in the 1960s may turn out to have a discriminatory effect in the 2000s. circumstances change and we live in the present not in the past.
lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
http://en.wikipedia.org/wiki/Due_process_clause
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.
the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.
mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.
are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?
is'nt the EB community being deprived of liberty ? has the EB community received due process ?
the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.
before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.
agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.
some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.
lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
http://en.wikipedia.org/wiki/Due_process_clause
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.
the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.
mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.
are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?
is'nt the EB community being deprived of liberty ? has the EB community received due process ?
the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.
before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.
agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.
some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.
wallpaper lank printable family tree
sachug22
09-17 11:06 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
saketkapur
07-04 12:29 PM
Application for 1 person:
1. Lawyers fees = $500...............paid by me....not sure if any paid by my company
2. AP+EAD = $350(170+180).....paid by me
3. I-485 = $395..........paid by company
6. Fedex = $60...........paid by me
7. Medical = $170(no shots needed except TB test)....paid by me
So all i all I paid $1080 and my company paid atleast $395(and maybe some legal fees too)
And belive me guys I am at the lower threshold since I did not need any shots and did not loose any work days........
So minimum loss to the company and individual(1 pesron only)is atleast 1475 bucks. So before making any conclusions keep this as the lowest threshold.However since we might get the $395+$350 back so the net loss to the individual at minimum will be $730/person and maybe $500/person to the company so making it atleast $1230/for 1 person.
Assuming that appx. 45000 people were planning to apply....I guess we are at minimum $55350000 loss......and this is a very modest estimate......as I mentioned at the lower threshold.
1. Lawyers fees = $500...............paid by me....not sure if any paid by my company
2. AP+EAD = $350(170+180).....paid by me
3. I-485 = $395..........paid by company
6. Fedex = $60...........paid by me
7. Medical = $170(no shots needed except TB test)....paid by me
So all i all I paid $1080 and my company paid atleast $395(and maybe some legal fees too)
And belive me guys I am at the lower threshold since I did not need any shots and did not loose any work days........
So minimum loss to the company and individual(1 pesron only)is atleast 1475 bucks. So before making any conclusions keep this as the lowest threshold.However since we might get the $395+$350 back so the net loss to the individual at minimum will be $730/person and maybe $500/person to the company so making it atleast $1230/for 1 person.
Assuming that appx. 45000 people were planning to apply....I guess we are at minimum $55350000 loss......and this is a very modest estimate......as I mentioned at the lower threshold.
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snthampi
07-31 11:52 AM
Thanks Thampi. Someone does not see that as funny as you. Gave me two reds. But I dont care. That was a just a joke and I did not belittle anyone.
Don't worry man. Some people take things too personal and just live in a box. This thread is hilarious and inspiring in terms of keeping our spirits high after reading all the negative stuff like waiting for another 5 years for the 485 outcome. So, keep going.
Don't worry man. Some people take things too personal and just live in a box. This thread is hilarious and inspiring in terms of keeping our spirits high after reading all the negative stuff like waiting for another 5 years for the 485 outcome. So, keep going.
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h1techSlave
12-08 10:03 AM
Pinto, I strongly support your idea.
I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
----------------
what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
...if people are motivated then maybe we can do media campaign too ..
------
the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
(if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)
I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
----------------
what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
...if people are motivated then maybe we can do media campaign too ..
------
the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
(if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)
alterego
07-25 05:50 PM
Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.
I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.
This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.
I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.
more...
sbabunle
04-28 08:23 PM
Now its just a matter of time..I'm glad it is a rule now. I think
a ton of applications will end up in trash cans. Especially from these
consulting companies..
Only thing is that they have 45 day validity for approved labor.
Hope they extended it some more time.
a ton of applications will end up in trash cans. Especially from these
consulting companies..
Only thing is that they have 45 day validity for approved labor.
Hope they extended it some more time.
2010 family tree templates abc
hiralal
05-01 11:22 PM
friends lets not fight and over estimate ourselves ..we cannot do anything to solve or highlight our own issues ..then how can we do anything about something happening far away !!!
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
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sk2006
08-17 01:16 AM
"India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.
Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
hair lank family tree template
hazishak
02-15 10:52 PM
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.
There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.
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gdilla
05-25 01:09 PM
The logic being applied at the NotCanada website is perplexing. Yes, the Canadian immigration system can be improved, but people who qualify to get in think by stepping foot on the soil their lives will be all peachy are delusional. It would be like any of you EBs coming to the US with no job offer. How long would you survive? I doubt 4 weeks. You wouldn't be able to rent a place, get a credit card, or, duh, have a paycheck. Obviously you think US is easy because when you come here, you're already employed. Canada can improve immigration system by encouraging immigrants to look for jobs before carting their entire families over. But still, the burden is on the immigrant to use their common sense. Canada, nor any country, owes you a job of your liking. YOU have to take care of yourself. It's mind boggling that an educated doctor from another country doesn't ask one colleague, or research the internet, or apply for a job, before immigrating to a country on the otherside of the planet.
hot family tree graphic uk ring
Rb_newsletter
01-21 06:15 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
more...
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imh1b
01-13 01:07 PM
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
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trueguy
10-06 06:41 PM
We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
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belmontboy
05-30 01:07 AM
Hiralal aka Zen,
Get a life dude and stop parroting housing campaign in every post of yours. You do not even have $25 in your pocket to contribute but you want to talk about financial power of immigrants.
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
Get a life dude and stop parroting housing campaign in every post of yours. You do not even have $25 in your pocket to contribute but you want to talk about financial power of immigrants.
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
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amoljak
10-24 08:55 AM
Thanks for the reply Amoljak,
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.
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richana
07-30 06:59 PM
Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.
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samay
07-28 09:15 PM
Hello there
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
Yes a subsequent denial of an EOS application voids a multi year multiple entry visa.
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
Yes a subsequent denial of an EOS application voids a multi year multiple entry visa.
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she81
07-03 06:59 PM
I digged all the comments but looks like someone is trying to bury them again and again...
polapragada
09-24 12:12 AM
I like this idea. And will support it. ANd write the E-mail
willigetgc?
01-14 01:53 PM
.
My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone
Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask
PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)
If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!
Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!
I don't know whether you are wasting your time, but I definitely am!
BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone
Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask
PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)
If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!
Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!
I don't know whether you are wasting your time, but I definitely am!
BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
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